04-14-2004 Council Minutes - Laserfiche WebLink

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MINU`T)CS CITY COUNCIL APRIL 14, 2004 The City Administrator asked if it were possible to specify certain limits on the ramp down time to hold the contractor to a reasonable standard. Pafko stated that he would have to discuss this with the engineer who is developing the staging plan, but noted that a lot of the staging is negotiated with the contractor. Fahey felt that a municipal consent that included the conditions that MN DOT has indicated agreement with should not be problematic. Pafko again reported that the Attorney General has indicated that conditional approvals must be treated as denials unless MN DOT is willing to live up to every word in a condition. Pafko requested that the City approve two separate resolutions. The first would grant municipal consent without any conditions, and the second would be a conditions list Chat the City and MN DOT would continue to work out during the development of the plans. Pafko felt that if conditions are placed on the municipal consent, MN DOT will have no choice but to implement the appeals process. Blesener asked the length of the appeals process. Pafko estimated it at six months and briefly described the process. He felt there would be adequate time to go through an appeal process without delaying the project. Blesener suggested that the City include any conditions it feels strongly about in the municipal consent resolution- With regard to landscaping, Blesener suggested that a condition be that landscaping be done within 12 months of completion of the Unweave the Weave project. Fahey agreed that the landscaping is an important component of the project, and felt the City should not be disadvantaged relative to other State projects. Pafko indicated that including a landscaping condition in the municipal consent gives him some concern. Landscaping is an additional cost to the project and he is currently searching for funding. The City Administrator pointed out that there is not much risk in adding landscaping as a condition. The worse case is that Commissioner orders the project without landscaping, and that is the current proposal. The Administrator noted that MN DOT has already agreed to other issues raised by the City, for example, the noise walls listed as items .I. and II in his April 9`~' memo. Pafko acknowledged the logic of this position. Fahey summarized the issues which he felt should be included as conditions of municipal consent. There were: Noise Walls -include in municipal consent requiring the project include noise wall locations listed in paragraph I and II of the staff memo dated April 9, 2004, the deletion